CONTINENTAL CASUALTY CO. v. UNITED STATES

No. 9496.

113 F.2d 284 (1940)

CONTINENTAL CASUALTY CO. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 2, 1940.


Attorney(s) appearing for the Case

Purnell M. Milner, of New Orleans, La., for appellant.

Rene A. Viosca, U. S. Atty., and J. Skelly Wright and Robert Weinstein, Asst. U. S. Attys., all of New Orleans, La., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a judgment against appellant, as statutory surety, for damages resulting from a breach of contract. The principal was adjudged a bankrupt, and his estate was insufficient to pay any part of this liability, although the referee recognized the government as a creditor of the estate for the amount claimed. The surety denied liability, on the ground that the government repudiated the contract, and also made a reconventional demand...

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